A general guardian of the person or property of a minor or mentally incapacitated person or, if the general guardian shall fail to act or has an adverse interest or other good cause exists, a guardian ad litem appointed by the court after notice to the general guardian, or any person having a vested interest in lands in which a minor, mentally incapacitated person, or person not in being has an interest, may bring an action in the Superior Court for the sale or other disposition of the property of the minor, mentally incapacitated person or person not in being. Nothing in these rules shall be deemed to authorize the sale or other disposition of any property contrary to the provisions of any will or conveyance by which the same were bequeathed, devised or granted to or for the benefit of the minor or mentally incapacitated person.
Rule 4:94-1.Action for sale
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:94-1 lets a general guardian -- or, when the guardian won't act, has a conflicting interest, or other good cause exists, a court-appointed guardian ad litem, or anyone with a vested interest in the affected land -- bring an action to sell or otherwise dispose of a minor's, incapacitated person's, or unborn person's property, without authorizing any sale that would contradict the terms of a governing will or conveyance.
Full Text of Rule 4:94-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:84-1 (first sentence), 4:84-2 (fifth sentence). Amended July 7, 1971 to be effective September 13, 1971; amended July 22, 1983 to be effective September 12, 1983; former R. 4:66-1; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; R. 4:94 caption; amended, and text of R. 4:94-1; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Selling or otherwise disposing of property belonging to a minor, a mentally incapacitated person, or someone not yet born normally falls to the general guardian of that person or property. If the general guardian won't act, has an adverse interest, or good cause otherwise exists, the court can appoint a guardian ad litem instead, after giving the general guardian notice; and anyone with a vested interest in the affected land can also bring the action.
None of this opens the door to a sale that contradicts the will or conveyance that gave the minor or incapacitated person the property in the first place — the rule only lets the guardian act within the bounds that instrument already set.
Frequently Asked Questions
Who can bring an action to sell a minor's or incapacitated person's property?
Normally the general guardian; if the guardian won't act, has an adverse interest, or good cause otherwise exists, a court-appointed guardian ad litem, or anyone with a vested interest in the affected land.
Can this rule authorize a sale that contradicts the will or deed that granted the property?
No, nothing in the rule authorizes disposing of property contrary to the terms of the governing will or conveyance.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:94-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: sale of minor's propertysale of incapacitated person's property